On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it unlawful…
Blog Archives
U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness
The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored…
Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds
A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing. The plaintiff, Ahmed Kamal,…
Tagged with: credit cards, facta, PII, privacy, regulations, standing
Posted in Litigation, Privacy, Regulations
Posted in Litigation, Privacy, Regulations
Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act
On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm…
Tagged with: biometrics, class action, legislation, litigation, privacy, regulations
Posted in Legislation, Litigation, Privacy, Regulations
Posted in Legislation, Litigation, Privacy, Regulations
Amazon Echo Data at Center of Another Legal Battle
Amazon, Inc. is on the receiving end of another court order demanding it release the data and recordings associated with one of its Echo smart devices. For the uninitiated, Echo smart devices support voice interaction, music playback, and other administrative…
Tagged with: discovery, iot, litigation, privacy, smart devices
Posted in Internet of Things, Litigation, Privacy
Posted in Internet of Things, Litigation, Privacy
Recent Decision Sends Companies Rushing to Review Browsewrap Agreements
A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement (“EULA”) was one click shy of enforceability, and denied the company’s motion to dismiss claims against it pending arbitration.…
Technical FACTA Violation Insufficient to Confer Standing
A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation…
Tagged with: class action, cybersecurity, facta, litigation, spokeo, standing
Posted in Litigation, Privacy
Posted in Litigation, Privacy
Equifax Hearings Continue on the Hill
Former Equifax chief Richard Smith returned to Capitol Hill for a second day of congressional hearings into his company’s data breach, this time appearing before the Senate Banking, Housing, and Urban Affairs Committee. Committee Chairman Mike Crapo (R-ID) characterized the…
Tagged with: cybersecurity, data breach, data security, hearings, legislation, privacy, security practices
Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Litigation, Privacy
Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Litigation, Privacy
Latest Spokeo Decision Adds to the Growing Body of Law Supporting Article III Standing for Cybersecurity Plaintiffs
We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The U.S. Court of Appeals for…
CareFirst Data Breach Appeal Holds Three Key Lessons for Cyberattack Litigants
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for the District of Columbia…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
